27 August 2026
By Mary Bermingham
Mary@TheCork.ie
Who owns the boundary between your property and your neighbour’s?
The general rule is that any boundaries between your land and your neighbour’s land are jointly owned by both you and your neighbour. But you may be able to prove that you own a boundary structure outright. Even if you can show that you have outright ownership of a boundary structure, your neighbour may have certain rights over that structure. You should get legal advice if there is a dispute about the ownership of any part of your property or land.
What is a party structure?
A party structure is any structure that divides separately owned buildings, or is situated at a boundary line or so close to a boundary line that you could not carry out works to the structure without access to the adjoining structure or land. It can be a wall, arch, ceiling, floor, partition, ditch, fence, hedge, shrub, tree or any other structure.
Can I carry out works to a party structure?
You should always get your neighbour’s consent before carrying out works to a party structure. If you carry out works without your neighbour’s permission, your neighbour could take a claim for trespass and nuisance.
You must pay your neighbour’s reasonable costs for getting professional advice to assess the likely consequences of the work. You must also pay reasonable compensation for the inconvenience caused by the works and reimburse your neighbour for any damage done to their property.
You are entitled to take into account your neighbour’s use and enjoyment of the party structure when assessing the compensation they are due. If you fail to compensate your neighbour, they can apply to the District Court for an order to compel you to make good any damage, or to pay them for the costs and expenses.
If your neighbour does not consent to the work being carried out, you have the option of applying to the District Court for a works order. You must notify your neighbour of your intention to do this.
You should be careful not to leave a party structure in a dangerous condition as a result of your actions.
Who is responsible for Trees and hedges on a boundary?
A tree or hedge on a boundary is generally the property of both landowners. You are not allowed to cut down the tree or hedge without your neighbour’s permission. Overhanging branches or roots that are encroaching on your land can be cut back without permission, but only as far as the boundary line. You should still discuss this with your neighbour to avoid disagreements.
You should make sure that the tree is not the subject of a tree preservation order. Tree preservation orders are made by the local authority. You should check with the local authority before cutting back or taking any action against a tree that is subject to a tree preservation order.
South Munster Citizens Information
Further information on this and other topics is available from Cork City Centre CIC in Cornmarket Street, open to the public on Mondays, Tuesdays, Thursdays and Fridays from 9.45am to 12.30pm and Wednesdays from 2pm to 4pm, Tel 0818 07 6950 (Lines open Mon-Fri 10am-4.30pm). Blackpool CIC is also open to the public on Tuesdays and Thursdays from 10am to 1pm and 2pm to 4pm, Tel 0818 07 6890 while Hollyhill CIC is open Mondays and Fridays from 10am to 1pm and 2pm to 4pm, Tel: 0818 07 6850.
Information is also available from the Citizens Information Phone Service Tel: 0818 07 4000 (9am – 8pm, Mon – Fri) or online at www.citizensinformation.ie